Next Steps for Net Neutrality

Two years ago we first brought Mozilla v. FCC in federal court, in an effort to save the net neutrality rules protecting American consumers. Mozilla has long fought for net neutrality because we believe that the internet works best when people control their own online experiences.

Today is the deadline to petition the Supreme Court for review of the D.C. Circuit decision in Mozilla v. FCC. After careful consideration, Mozilla—as well as its partners in this litigation—are not seeking Supreme Court review of the D.C. Circuit decision. Even though we did not achieve all that we hoped for in the lower court, the court recognized the flaws of the FCC’s action and sent parts of it back to the agency for reconsideration. And the court cleared a path for net neutrality to move forward at the state level. We believe the fight is best pursued there, as well as on other fronts including Congress or a future FCC.

Net neutrality is more than a legal construct. It is a reflection of the fundamental belief that ISPs have tremendous power over our online experiences and that power should not be further concentrated in actors that have often demonstrated a disregard for consumers and their digital rights. The global pandemic has moved even more of our daily lives—our work, school, conversations with friends and family—online. Internet videos and social media debates are fueling an essential conversation about systemic racism in America. At this moment, net neutrality protections ensuring equal treatment of online traffic are critical. Recent moves by ISPs to favor their own content channels or impose data caps and usage-based pricing make concerns about the need for protections all the more real.

The fight for net neutrality will continue on. The D.C. Circuit decision positions the net neutrality movement to continue on many fronts, starting with a defense of California’s strong new law to protect consumers online—a law that was on hold pending resolution of this case.

Other states have followed suit and we expect more to take up the mantle. We will look to a future Congress or future FCC to take up the issue in the coming months and years. Mozilla is committed to continuing our work, with our broad community of allies, in this movement to defend the web and consumers and ensure the internet remains open and accessible to all.